A party desiring to take depositions in this state to be used in proceedings outside this state, may produce to a judge of the district court of the district in which the witness resides a commission authorizing the taking of such depositions or proof of notice duly served; whereupon it shall be the duty of the judge to issue, pursuant to Rule 45, the necessary subpoenas. Orders of the character provided in Rule 45.02 may be made upon proper application therefor by the person to whom such a subpoena is directed. Failure by any person without adequate excuse to obey a subpoena served upon him pursuant to this rule may be deemed a contempt of the court from which the subpoena issued.
Rule 28.03.Depositions to be used in other states.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLets a party take a deposition inside Kentucky for use in an out-of-state proceeding by presenting a commission or proof of notice to a district judge, who must then issue the necessary subpoenas under Rule 45, with noncompliance treated as contempt of the issuing court.
Full Text of Rule 28.03
Amendment History
(Amended October 18, 1977, effective January 1, 1978; amended effective February 22, 1978; amended May 4, 1978, effective June 1, 1978.)
Plain-English Summary
Rule 28.03 works the mirror image of Rule 28.02: it covers a witness located in Kentucky whose testimony is needed for a case pending somewhere else. A party who wants to take that deposition in Kentucky presents either a commission authorizing the deposition or proof that notice was duly served to a judge of the district court in the district where the witness resides. Once presented, the judge must issue the subpoenas needed to compel the witness's attendance, following the procedure in Rule 45.
The person served with the subpoena can apply for the same kind of protective orders available under Rule 45.02. If someone fails to obey the subpoena without an adequate excuse, that failure can be treated as contempt of the court that issued the subpoena.
Frequently Asked Questions
How do I depose a Kentucky witness for a lawsuit filed in another state?
Under Rule 28.03, the party presents a commission authorizing the deposition, or proof that notice was duly served, to a judge of the district court in the district where the witness resides. The judge then issues the necessary subpoenas under Rule 45.
What happens if a Kentucky witness ignores a subpoena issued for an out-of-state case?
Rule 28.03 provides that failing to obey such a subpoena without adequate excuse may be treated as contempt of the court from which the subpoena issued.
Can a witness ask for protection from a subpoena issued under Rule 28.03?
Yes. The rule allows the person to whom the subpoena is directed to apply for orders of the kind provided in Rule 45.02.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 28.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: depose a Kentucky witness for out-of-state casesubpoena for foreign depositiondistrict judge issue subpoena for depositioncontempt for ignoring deposition subpoena